Environmental court judge denies F-35 opponents' permit request

18 fighter jets to come to Vt. in 2020

WPTZ has obtained the Vermont Air National Guard's Mitigation and Management Plan for the F-35. Eighteen of the fighter jets are set to arrive at the Air Guard station at Burlington International Airport in 2020.

A Vermont environmental court judge has denied a request from F-35 opponents to require Act 250 permitting before the plane’s arrival in 2020.

Superior Court Judge Thomas Walsh signed the decision Tuesday, ruling in favor of the city of Burlington, the airport's owner.

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In December, the Pentagon chose Burlington to base 18 of its next-generation fighter jets to replacing the Guard’s ailing fleet of F-16s.

In the 10-page document, Walsh said proposed construction at the Vermont National Air Guard base at the Burlington International Airport is not considered development and would therefore not require Act 250 permits.

The Guard said the planes will require about $5 million in building upgrades. Walsh said Act 250 does not apply because there would be no substantial changes at the airport, including on its runways.

Walsh also wrote Act 250 does not apply to a federal agency.

James Marc Leas, an F-35 opponent named as an appellant, said the group will file a motion to reconsider or appeal if necessary.

A Guard spokesman said the unit had no comment on the ruling.

The Act 250 argument is just one tactic opponents are using to try to delay or block the planes from coming to Vermont.